Database

Browse Database

LUXEMBOURG

Since April 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law of 8 April 2018 on Public Procurement (Loi du 8 Avril 2018 sur les Marchés Publics)
Art. 62 of the Law on Public Procurement states that the contracting authorities shall grant public procurement participants of countries with which Luxembourg or the EU has international commitments (through the Government Procurement Agreement and other international conventions) treatment no less favourable than that accorded to participants from the European Union. Thus, equal treatment is not granted to operators from other countries.
Coverage Horizontal

LUXEMBOURG

Reported in 2019, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that there are no specific restrictions on foreign ownership or control and no sectoral limitations. The country conducts a general review of foreign investments, similar to that applied to domestic investments.
Coverage Horizontal

LUXEMBOURG

Since July 2023, entry into force in September 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Act of 14 July 2023 Establishing a Mechanism for the National Screening of Foreign Direct Investment Likely to Undermine Security or Public Order for the Purposes of Implementing Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 Establishing a Framework for the Screening of Foreign Direct Investment in the Union, as Amended (Loi du 14 Juillet 2023 Portant Mise en Place d'un Mécanisme de Filtrage National des Investissements Directs Étrangers Susceptibles de Porter Atteinte à la Sécurité ou à l'Ordre Public aux Fins de la Mise en Œuvre du Règlement (UE) 2019/452 du Parlement Européen et du Conseil du 19 Mars 2019 Établissant un Cadre pour le Filtrage des Investissements Directs Étrangers dans l’Union, Tel que Modifié)
The Luxembourg Act of 14 July 2023, which establishes a new foreign direct investment (FDI) regime, applies to investments in critical sectors such as telecommunications, data processing/storage, and media (Art. 2) by investors from outside the European Economic Area (foreign investors). These investments allow foreign investors to exercise direct or indirect control over entities established under Luxembourg law. According to Art. 3, any investment subject to this FDI regime must be notified to the Ministry of the Economy and receive authorisation before implementation.
Control is considered acquired when a foreign investor meets any of the following thresholds: holding 25% of the voting rights in the Luxembourg entity; holding a majority of the voting rights of shareholders or partners, with multiple notifications required for multi-stage acquisitions; having the right to appoint or remove the majority of board members while being a shareholder or partner; or controlling a majority of voting rights through agreements with other shareholders or partners.
The FDI Law also classifies as critical any research, production, or supplementary activities that could provide access to sensitive information or locations directly related to these sectors.
Coverage Critical sectors

LUXEMBOURG

Since July 1992, last amended in May 1998

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Law of 20 July 1992 on the Changes in the System for Patents for Invention (Loi du 20 Juillet 1992 Portant Modification du Régime des Brevets d'Invention)
Art. 83 of the Law of July 20, 1992, on the Changes in the System for Patents for Invention (so-called Patent Act), establishes a local representation requirement for applicants without domicile or headquarters in the territory of the European Union.
Coverage Horizontal

LITHUANIA

Since March 2010, entry into force in May 2010, last amended in 2018
Since July 1996, as amended in January 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Law on the Provision of Information to the Public of the Republic of Lithuania (Lietuvos Respublikos visuomenės informavimo įstatymas)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Lithuania, the EU Directive was transposed into domestic law through the amendment of the Law on the Provision of Information to the Public of the Republic of Lithuania of January 2021 (Law No. 2021-01352). According to Art. 37.6 of the Law, suppliers of on-demand audiovisual media services shall ensure that not less than 30% of programmes in the on-demand audiovisual media services listing are European works. This requirement shall not apply to on-demand audiovisual media service providers whose total annual turnover, including their own turnover and that of their affiliated undertakings, is low (less than 1% of total revenue from the Lithuanian audiovisual services market) or whose audience is small (the proportion of the audience of the on-demand audiovisual media service in Lithuania is less than 1%). Additionally, Lithuania has not implemented financial contribution obligations for VOD service providers.
Coverage On-demand audiovisual service

LITHUANIA

Since 2010

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Rules on the Registration on the Registry of the Value Added Tax Payers (Dėl įregistravimo į pridėtinės vertės mokesčio mokėtojų registrą/Išregistravimo Iš pridėtinės vertės mokesčio mokėtojų registro taisyklių)
According to Art. 27 of the Rules on the Registration of VAT payers, foreign persons established outside the territory of the European Union must register for VAT through a branch in Lithuania or, if they have several branches, through one of them. If they do not have such branches, they must register through a designated fiscal agent in the Republic of Lithuania.
Coverage Horizontal

LITHUANIA

Since June 2014
Since November 1994

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Law on Consumer Protection (Patērētāju tiesību aizsardzības likums)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Law on Consumer Protection.
Coverage Horizontal

LITHUANIA

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Lithuania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

LITHUANIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Lithuania has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

LITHUANIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Lithuania has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

LITHUANIA

Since July 2000
Since May 2006
Case law from 2012

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Law No X-614 on Information Society Services of the Republic of Lithuania (Lietuvos Respublikos informacinės visuomenės paslaugų įstatymas No. X-614)

Kaunas Regional Court, Civil Case No. 2A-852-324/2012 (Kauno apygardos teismo Civilinių bylų skyrius, Byla 2A-852-324/2012)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
Law No X-614 on Information Society Services of the Republic of Lithuania transposes Directive 2000/31/EC.
In Latvia, there is no explicit legislation addressing intermediary liabilities; thus, rules regarding this rest entirely on case law, which is still a debate. The Kausas case (2012) decision on intermediary liability is ambiguous, stating that service providers must disable absent user information upon receiving takedown requests from the authorities despite not being able to contact the said user.
This is complicated by the European Court of Human Rights (ECHR) judgment of Delfi AS v Estonia, where the ECHR affirms the Estonian courts that Delfi AS is liable for ‘clearly unlawful’ comments from being published in the portal’s comments section, even though Delfi had taken down the offensive comments immediately after it had been notified about them, as a justified and proportionate restriction on Delfi’s right to freedom of expression. Lithuanian courts have yet to address this, and the applicability of the case remains a question among legal circles.
Coverage Horizontal

LITHUANIA

Since April 2019
Since May 2001
Since May 1999, last amended in March 2022

Pillar Intermediary liability  |  Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society

Law No. VIII-1185 on Copyright and Related Rights (Lietuvos Respublikos autorių teisių ir gretutinių teisių įstatymas No. VIII-1185)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters) under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, Seimas has adopted amendments to the Law on Copyright and Related Rights, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
The Law No. VIII-1185 also implements the Directive 2001/29/EC. Art.78 of the law provides for the right of the rights holders to apply to the court for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related rights. Intermediaries are defined as electronic communication service providers who transmit information provided by third parties, provide access to communication networks and/or store information.
Coverage Online content sharing service

LITHUANIA

Reported in 2022, last reported in 2024

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of Russian websites
In September 2022, the Lithuanian Parliament (Seimas) amended the Law on the Provision of Information to the Public to impose a temporary ban on the rebroadcasting and online distribution of radio, television, or individual broadcasts by entities established in, or directly or indirectly owned, controlled, or financed by the governments of Russia or Belarus. In June 2024, this ban was extended indefinitely. The amendment now stipulates that the restrictions will remain in force as long as Russia and Belarus are designated as threats in Lithuania’s National Security Strategy.
Coverage Russian websites

LITHUANIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Communications Regulatory Authority of the Republic of Lithuania (CRA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

LITHUANIA

Since April 2016, entry into force in May 2018
Since June 1996, as amended in July 2018

Pillar Domestic data policies  |  Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Law on Legal Protection of Personal Data (Lietuvos Respublikos Asmens Duomenų Teisinės Apsaugos Įstatymas)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Lithuania implemented the GDPR through the Law on Legal Protection of Personal Data.
Coverage Horizontal

Report issue     Report new measure